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Findacasemississippi Valley Silica Co Inc V Barnett Form

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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS.NO. and DEFENDANTS INSTRUCTION NO. You are instructed that the fact that the plaintiff was injured while using the shaper is not, of itself, any proof that breached a duty to the plaintiff and you may not presume that the wood shaper and cutter in question were defective and unusually dangerous simply because an accident occurred. To allow recovery by plaintiff, it is not enough to show that an injury was sustained, nor is it to be presumed or inferred by you that breached any duty to plaintiff because of the mere fact that an accident occurred. Before the plaintiff can recover, he must show by a preponderance of the credible evidence that breached some duty to him, as defined by the instructions of this Court, and that breach of duty, if any, proximately caused plaintiff's injuries.

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